Employment lawyers can be a great resource for employers and business. They can help employers avoid a legal dispute related to the workplace and serve to help the employer minimize costs and reduce further risk when the employer is confronted with an employment law related legal dispute. Employment lawyers help employers understand what is going on, how to react to circumstances, reduce the chances of the employer being sued and ensure that they are compliant with Ontario’s Employment Standards Act, 2000, the Human Rights Code, 1990 and other legislation.

When should an employer get an employment lawyer?

1. When you have received a claim or demand letter from a dismissed employee for termination or severance pay. 

If an employer receives a claim or demand from a dismissed employee for termination or severance pay, an employer is advised to approach an employment lawyer for assistance. There can be an urge on the part of the employer to react hastily or perhaps resort to tactics that may not be appropriate in an effort to deter an employee from moving forward with their claim. An employment lawyer can help the employer significantly mitigate against wrongful dismissal claims from employees by ensuring that they respond with various legal defences and in a practical fashion. Employment lawyers can advise the employer as to whether the employee has good arguments for their claims, what the case law is with respect to the issue at hand and review the circumstances of the case in order to ascertain the optimal steps the employer should take.

2. When you want to fire an employee.

Similarly to the above, an employer should approach an employment lawyer before they decide to terminate an employee. The employment lawyer can review the employment contract and the circumstances of the matter in order to assist the employer to determine how to dismiss the employee and what should be offered to the employee in terms of a termination package, if any.

While simply attempting to prepare a termination letter or severance package may be tempting in a way to try to minimize costs, it could cost the employer more by failing to account for all legal issues. Hiring an employment lawyer to assist the employer in these tasks is the better option in order to make any termination go as smoothly as possible. For more warnings about why it can be problematic to engage in dubious litigation tactics please review our blog Beware Employers: Don’t Use Meritless Litigation To Dissuade Employees From Pursuing Their Rights.

3. When you want to prepare an employment contract.

Employers should not draft their own employment agreements or employment contracts for their employees. We strongly recommend that any employer or business should retain an experienced employment lawyer to prepare or draft an employment agreement for them to suit the specific needs that the employer has.

There are several important reasons why an employer should hire an employment lawyer to prepare employment agreements on their behalf. To see what these reasons are you can read our blog titled Risks of DIY Employments Why Hire a Lawyer and Why Employers Should Have Their Employment Contracts Prepared by an Employment Lawyer and Reviewed on an Annual Basis for more information.

4. When you want to change an employee’s terms of employment.

Generally speaking, an employer in Ontario cannot make significant changes to an employee’s job without the employee’s consent. This is because “constructive dismissal” would be triggered by the employer making those changes.

However, it may be that the employer must change the employee’s terms of employment. If that is the case, the employer should approach an employment lawyer to help them navigate these issues in order to try to minimize the possibility of the employee making a claim for constructive dismissal.

5. When you have received a complaint from an employee that they have been subjected to harassment, bullying or discrimination at the workplace.

Employers are obligated to ensure that their workplace is free from harassment and bullying. Also, Employers have a duty to accommodate their employees as set out in Ontario’s Human Rights Code, 1990. The Code prohibits employers from discriminating against employees based on various grounds, including disability, race, sexual orientation, family status, etc. For more information on this topic, please review our blog Do Employers Need To Accommodate Invisible Disabilities? or An Employment Law Perspective on Mental Health in the Workplace.

Dealing with these issues can be hard for a lot of employers. An employment lawyer can help employers deal with issues in the workplace by providing legal advice, preparing various policies, correspondence or other documentation, helping to negotiate a resolution to these issues, etc.

How can Zeilikman Law help?

Employers should not hesitate to contact an employment lawyer when they have a workplace dispute that they need to resolve. The best times to contact an employment lawyer are times when the employer wants to terminate an employee, have the employee sign an employment contract or received a complaint from an employee about workplace harassment, bullying or discrimination. Failing to reach out to an employment lawyer can result in an employer increasing their risks of a claim or lawsuit from an employee and increasing their costs when that does happen. Zeilikman Law can be contacted at (905) 417-2227 or online here to schedule your own confidential consultation with one of our employment lawyers.